Keebler v. State
After previously granting Keebler's rule 3.850 motion for resentencing, the postconviction court later rescinded that grant based on intervening changes in substantive decisional law, and resentencing never occurred. The Fifth DCA reversed, holding that once the postconviction court granted the 3.850 motion, it lacked authority to revisit and rescind that order.
Key facts
- Keebler was convicted and subsequently filed a rule 3.850 motion for resentencing, which the postconviction court granted.
- After granting the resentencing motion, the postconviction court later rescinded that grant based on intervening changes in Florida appellate decisional law, and resentencing never occurred.
- +2 more key facts with a free trial
Why it matters
This opinion reinforces the principle that once a postconviction court grants 3.850 relief, that determination becomes final and cannot be undone by the same court simply because the legal landscape later shifts… — full analysis with a trial
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